A Public Interest Assessment
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A Public Interest Assessment Applicant: Woolworths Group Limited Application: Application for Liquor Store Licence Proposed Store: BWS – Beer Wine Spirits Inglewood CULLEN MACLEOD Lawyers Level 2, 95 Stirling Highway NEDLANDS WA 6009 Telephone: (08) 9389 3999 Facsimile: (08) 9389 1511 Reference: SN:190339 TABLE OF CONTENTS Details of the Application ....................................................... 1 1 About the Application 1 2 About the Proposed Store, the Supermarket and the Centre 1 2.1 The Proposed Store 1 2.2 The Supermarket 4 2.3 Centre 6 3 Details of the business to be operated at the Proposed Store 7 3.1 About the Applicant 7 3.2 Features of the Proposed Store and manner of trade 7 3.3 Security measures 11 4 About the Public Interest Assessment 13 4.1 The legislative requirements 13 4.2 Addressing the Public Interest 13 5 Key Public Interest Factors in the Application 14 5.1 Key features and factors of the Locality 14 5.2 Demographic Profile 19 5.3 Crime and health data 20 5.4 Field and site investigations 21 5.5 Offence, annoyance, disturbance, etc 23 5.6 Existing Licensed Premises 24 5.7 Consumer Requirement and Proper Development 36 5.8 Market Survey 39 Submissions and conclusion .................................................. 42 6 Submissions 42 6.1 Relevant legal principles 42 6.2 Key factual matters 44 7 Conclusion 46 General ................................................................................ 47 8 Definitions, source data and copyright 47 8.1 Definitions 47 8.2 Source data 47 8.3 Copyright 48 Annexures ............................................................................ 50 PIA Final i Details of the Application 1 About the Application (a) The Applicant has made an application to the Licensing Authority for the grant of a liquor store licence for premises be located in a new shopping centre in Inglewood, Western Australia. (b) Under Section 38(2) of the Act, the Applicant must satisfy the Licensing Authority that on the merits of the Application, the grant of the Application is “in the public interest” (the Public Interest). (c) This document, together with the Applicant’s other supporting material and evidence lodged by the Applicant in support of the Application, addresses the Public Interest requirement. 2 About the Proposed Store, the Supermarket and the Centre 2.1 The Proposed Store (a) The Proposed Store will be a modern, browse style store that will operate under the Applicant’s “BWS-Beer Wine Spirits” brand (BWS). It will adjoin a new Woolworths Supermarket (Supermarket) which is currently under construction. (b) The Supermarket and Proposed Store will form part of a new small shopping centre located at 861 Beaufort Street, at the corner of Eighth Avenue, Inglewood. (c) The Proposed Store is specifically designed to provide complementary and ancillary services to the Supermarket. In particular, it will cater to customers of the Supermarket who want to purchase packaged liquor at the same time as they purchase groceries. (d) Below is a plan which shows the Supermarket and Proposed Store. Note: this plan is not to scale and the actual size and floor plan is as depicted in the Premises Plans attached as Annexure 1. The red circle indicates the location of the Proposed Store. 1 PIA Final Source: Applicant (e) Overall, the Proposed Store will comprise a trading area of 184m2 (including a display trading floor area and walk-in cool room) and a non-trading area (stock room) of 12.45m2. Additional storage and amenity facilities will be shared with the Supermarket. (f) Fit-out and configuration of the Proposed Store will be in accordance with the standard BWS corporate livery. (g) BWS is a well-established, national retail liquor brand that is focussed on providing convenience retail packaged liquor services and facilities. Mr Anthony Smith, Woolworths Business Development Manager, comments on BWS as follows:1 “Currently our range of BWS stores includes freestanding stores, stores associated with neighbourhood shopping centres; stores associated with a hotel or tavern; and stores associated with Woolworths Supermarkets (such as the Proposed Store will be). BWS stores are extremely popular. Market research completed in 2014 by Woolworths revealed that after Dan Murphy’s, BWS was the store respondents nominated as being the store they were most likely to go to next to purchase their packaged liquor. 35% of packaged liquor consumers “regularly” patronise BWS stores. 1 Statement of Anthony Smith clauses 3.2 to 3.5 2 PIA Final The top attributes of BWS identified by customers are “convenient locations”, “excellent customer service” and “great loyalty/reward program”. At the core of the BWS brand is convenience. This convenience is provided through aspects such as location, e.g., being located in the local, neighbourhood shopping centre or next to a Woolworths Supermarket, and/or facilities, e.g. having a drive-through service.” (h) Consistent with its design and target market, the Proposed Store is strategically located adjacent to the Supermarket checkouts. Mr Anthony Smith comments on the design of the store as follows:2 “Whilst the Proposed Store will be immediately adjacent to the Supermarket, it will be a dedicated area which is purposively separated and delineated from the general Supermarket area. Other than a public access way between the Supermarket and the Proposed Store, the store and the Supermarket will be separated by solid dividing walls. The cash desk will be strategically located to provide for surveillance of the store and of anyone who comes in and out.” (i) There will be two public entrances for the store: one from the general Supermarket area and one that leads from the Level 1 entrance foyer (refer the Proposed Store floor plan attached as Annexure 1). Below are two photographs that show, as an example, of how the Proposed Store and Supermarket will be integrated. Source: Anthony Smith 2 Statement of Anthony Smith clause 5.5 3 PIA Final Source: Anthony Smith 2.2 The Supermarket (a) The Supermarket will be a full-scale supermarket, offering a total supermarket area of 3,599m2 and a trading area of 2,519m2, and featuring the latest in Woolworths Supermarket design, configuration and systems.3 (b) Woolworths Supermarkets are specifically designed to provide a full range of grocery and general household items under the one roof. Essentially it provides the amenity of several different shops in a “village style” retailing outlet. It has become more common than not for packaged liquor to be one of the amenities provided. Mr Smith comments as follows:4 “Packaged liquor was first added to the range of products offered at a Woolworths’ supermarket in 1961. At the time this was revolutionary. Nowadays, it is common place to find a packaged liquor section in, or associated with, most major supermarkets. All the major supermarket brands (being Woolworths, Coles, IGA and more recently, Aldi) offer a licensed area within many of their supermarkets. Currently over 66 of our supermarkets in Western Australia have a liquor licensed area forming part of, or associated with, the supermarket. These stores and the other BWS stores in WA employ 673 people. The association of a licensed area with our supermarkets is now standard supermarket design and is now reasonably expected by our customers nationwide. This is particularly so for any of our customers who are aware of, and familiar with, what a fully integrated Woolworths’ supermarket provides. The association of a packaged liquor section within our supermarkets provides significant convenience to our customers, particularly in terms of time, as it means 3 Statement of Anthony Smith clause 5.2 4 Statement of Anthony Smith clauses 4.3 to 4.5 4 PIA Final they only have to visit one store, at the one time, using the same trolley, to acquire all their daily or weekly grocery and other shopping.” (c) Free on-site, under cover parking will be available to customers of the Proposed Store in the Centre’s basement carpark.5 In total, 200 parking bays will be available.6 Travelators and lifts will provide direct access to the Supermarket and the Proposed Store from the car park area, as well as Beaufort Street, enabling customers to transport their purchases to their vehicles.7 (d) Limited on street parking will also be available. (e) The Supermarket will be the only full-scale supermarket within the Locality.8 While there are a number of existing supermarkets in the Locality, these are small to medium sized supermarkets as noted below:9 (i) Coles Inglewood – mid sized. (ii) Coles Maylands – mid sized. (iii) IGA Mount Lawley – small supermarket. (iv) IGA Highgate – small supermarket. (v) IGA Maylands – small supermarket. (f) As shown in the image below, three of these supermarkets are located on Beaufort Street with the remaining two located in Maylands, south of the railway line. 5 MGA Report clause 2.4 6 MGA Report clause 2.4 7 MGA Report clause 2.6 8 MGA Report clause 6.9 9 MGA Report clause 6.9 5 PIA Final Source: MGA Report 2.3 Centre (a) The Centre is a planned centre, specifically designed to cater for local community needs. It forms part of the Inglewood District Activity Centre.10 (b) Under the State Planning Policy 4.2 – Activity Centres for Perth and Peel (SPP4.2), District Centres have the following role and function:11 “District Centres have a greater focus on servicing the daily and weekly needs of residents. Their relatively smaller scale catchment enables them to have greater local community focus and provides services, facilities and job opportunities that reflect the particular needs of their catchments.” (c) Architecturally designed, the Centre will comprise three levels. It has been designed to reflect and conform with the style and character of development on Beaufort Street.12 Ground floor tenancies, which will include a café, will front onto Beaufort Street and Eighth Avenue.